|
division (b) and determine if there has been a violation of | section 13003.__If the commission finds that a violation has | occurred, the commission may issue a cease and desist order, | assess a civil penalty in an amount it determines, but not to | exceed $2,000 per violation, or issue any other decision | pursuant to section 13068.__Each day a violation occurs or | continues is a separate violation.__The commission shall | determine the terms of payment.__The commission shall maintain | a transcript of the proceedings of the hearing and issue a | written opinion to all parties, citing its findings and | grounds for any action taken. |
|
| C.__If a person fails to pay a civil penalty assessed | pursuant to paragraph B within the time prescribed by the | commission, the director may forward to the Attorney General | the name of the person and the amount of the civil penalty | for the purpose of collecting that civil penalty.__In | addition to the civil penalty assessed pursuant to paragraph | B, the person also must pay any fee assessed by the Attorney | General for collection of the civil penalty. |
|
| §13071.__Private cause of action |
|
| | 1.__Injunction.__In addition to the penalty and complaint | provisions of this chapter, an injunction may be granted through | an action in district court to prohibit a person from engaging in | an activity that violates the provisions of section 13003.__The | action for injunctive relief may be brought only by an affected | person.__For the purposes of this section, "affected person" | means any person upon whom the actions of a person suspected of | violating the provisions of section 13003 have had a direct | impact.__"Affected person" may include, but is not limited to, | the commission, a person who has used the services of a person | suspected of violating the provisions of section 13003 or a | private association composed primarily of members practicing a | profession for which licensure is required pursuant to this | chapter. |
|
| | 2.__Costs and attorney's fees.__If a person is successful in | obtaining injunctive relief, that person is entitled to actual | costs and attorney's fees unless the person suspected of | violating a provision of section 13003 prevails in any | application for permanent injunctive relief.__For the purposes of | this section, "actual costs" means those costs other than | attorney's fees that were actually incurred in connection with | the action, including, but not limited to, court and witness | fees, investigative expenses, travel expenses, legal research | expenses and other related fees and expenses. |
|
| | Sec. 8. 32 MRSA §13177, as amended by PL 1999, c. 129, §8, is | further amended to read: |
|
|